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Bombay High CourtCAF/1681/2022ca disposed off

Reliance General Insurnce Co. Ltd. Nagpur Thr. Authorized Officer v. Dipali Wd/O Sunil Gawai And Others

2022-09-05Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 13caf1681.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1681 OF 2022 IN FIRST APPEAL NO.1289 OF 2018 [DECIDED] [Reliance General Insurance Company Limited .vs. Deepali wd/o Sunil Gawai and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Advocate for the appellant, Shri S.S. Patil, Advocate for respondent nos.1 to 6. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 05/09/2022 .

Present application is filed for grant of permission to withdraw the amount of Rs. 10,13,179/- along with interest deposited by the petitioner. The appeal came to be withdrawn by the appellant vide order dated 30.06.2022. In view thereof, there is no impediment in allowing the petitioners to withdraw the amount as per award.

2.

As per award, Mahendra s/o Ganesh Gawai (petitioner no.4) was refused compensation.

3.

In view of above, respondent no.1 i.e.

petitioner no.1 was awarded compensation at Rs.2,28,550/-. Respondent nos.2 and 3 i.e. petitioner nos.2 and 3 were entitled to receive Rs.2,28,550/- each in their share and directed to be invested in fixed

2 13caf1681.22.odt deposit in any nationalized bank till they attain the age of majority. So also the respondent no.5 is entitled to receive Rs.2,74,260/- and the petitioner no.6 is entitled for an amount of Rs.1,82,840/-. The total amount of compensation is deposited by the appellant-company and that will have to be disbursed in their share along with proportionate interest accrued thereon. The petitioner no.1 is directed to invest the amount in the share of respondent nos.2 and 3 in any nationalized bank till they attain the age of majority.

4.

Registry is directed to disburse the amount as aforesaid. Civil Application is allowed and disposed of.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur